Ikram @ Kama and 10 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Ikram @ Kama and 10 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to the applicants to approach the court concerned for bail; no coercive action against the applicant for 20 days; direction that the bail application, if filed, be decided expeditiously without unnecessary adjournment, keeping in mind the principles in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

Issue for consideration

Whether the entire proceeding of Complaint Case No. 648 of 2022 (Khursheed v. Ikram and others) under Sections 147, 148, 149, 323, 504, 506, 452 and 427 IPC, P.S. Gangoh, District Saharanpur, including the summoning order dated 28.04.2022, is liable to be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

The application under Section 482 Cr.P.C. is dismissed as withdrawn, with liberty to the applicants to approach the court concerned for bail.

Key takeaways

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against the applicant for a period of 20 days.ratio¶9
If the bail application is preferred before the court concerned, it shall be decided expeditiously without granting unnecessary adjournment to any party.ratio¶9
While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Detailed headnote1 paragraphs

Quashing (Section 482 Cr.P.C.) — application against summons/complaint case under ss. 147/148/149/323/504/506/452/427 IPC — counsel sought permission to withdraw with liberty to move for bail before the trial court — AGA had no objection — application dismissed as withdrawn with liberty to approach the court concerned for bail; no coercive action for 20 days; bail application, if preferred, to be decided expeditiously without unnecessary adjournment, keeping in mind the principles in Satender Kumar Antil v. CBI, (2021) 10 SCC 773 (Allahabad HC, Vikram D. Chauhan, J., order dated 13.2.2023).

Court No. - 51

Case :- APPLICATION U/S 482 No. - 5204 of 2023

Applicant :- Ikram @ Kama And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned A.G.A. for the state.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of the Complaint Case No. 648 of 2022, Khursheed Versus Ikram and others under sections 147, 148, 149, 323, 504, 506, 452 and 427 I.P.C. P.S. Gangoh, District- Saharanpur including the summoning order dated 28.04.2022 passed by learned Civil Judge(S.D)/ F.T.C. Saharanpur.

After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

Order Date :- 13.2.2023 Sumit Kumar

Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad